Scribd Logo
Upload

Welcome to Scribd!

  • 5K views

    Order Denying Motion To Dismiss

    Uploaded by

    Scott Sutton
    This order denies without prejudice a motion by Defendant Trump to dismiss counts 1 through 32 of a superseding indictment based on unconstitutional vagueness. The court found that resolving the question presented depends too greatly on contested issues related to jury instructions and statutory interpretation, as well as some disputed factual issues. Rather than prematurely rule on whether the application of the statute yields unsalvageable vagueness, the court denies the motion without prejudice to be raised again in connection with future motions or jury instruction briefing.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Order Denying Motion To Dismiss

    Uploaded by

    Scott Sutton
    5K views2 pages
    This order denies without prejudice a motion by Defendant Trump to dismiss counts 1 through 32 of a superseding indictment based on unconstitutional vagueness. The court found that resolving the question presented depends too greatly on contested issues related to jury instructions and statutory interpretation, as well as some disputed factual issues. Rather than prematurely rule on whether the application of the statute yields unsalvageable vagueness, the court denies the motion without prejudice to be raised again in connection with future motions or jury instruction briefing.

    Original Description:

    Order Denying Motion to Dismiss

    Original Title

    Order Denying Motion to Dismiss

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This order denies without prejudice a motion by Defendant Trump to dismiss counts 1 through 32 of a superseding indictment based on unconstitutional vagueness. The court found that resolving the question presented depends too greatly on contested issues related to jury instructions and statutory interpretation, as well as some disputed factual issues. Rather than prematurely rule on whether the application of the statute yields unsalvageable vagueness, the court denies the motion without prejudice to be raised again in connection with future motions or jury instruction briefing.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    5K views2 pages

    Order Denying Motion To Dismiss

    Uploaded by

    Scott Sutton
    This order denies without prejudice a motion by Defendant Trump to dismiss counts 1 through 32 of a superseding indictment based on unconstitutional vagueness. The court found that resolving the question presented depends too greatly on contested issues related to jury instructions and statutory interpretation, as well as some disputed factual issues. Rather than prematurely rule on whether the application of the statute yields unsalvageable vagueness, the court denies the motion without prejudice to be raised again in connection with future motions or jury instruction briefing.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    Case 9:23-cr-80101-AMC Document 402 Entered on FLSD Docket 03/14/2024 Page 1 of 2

    UNITED STATES DISTRICT COURT


    SOUTHERN DISTRICT OF FLORIDA
    WEST PALM BEACH DIVISION

    CASE NO. 23-80101-CR-CANNON

    UNITED STATES OF AMERICA,

    Plaintiff,
    v.

    DONALD J. TRUMP,
    WALTINE NAUTA, and
    CARLOS DE OLIVEIRA,

    Defendants.
    /

    ORDER DENYING WITHOUT PREJUDICE DEFENDANT TRUMP’S MOTION


    TO DISMISS COUNTS 1–32 BASED ON UNCONSTITUTIONAL VAGUENESS

    THIS CAUSE comes before the Court upon Defendant Trump’s Motion to Dismiss

    Counts 1 through 32 Based on Unconstitutional Vagueness (the “Motion”), filed on February 22,

    2024 [ECF No. 325]. The Special Counsel filed a Response in Opposition [ECF No. 377], to

    which Defendant Trump filed a Reply [ECF No. 398]. The Court heard argument on the Motion

    on March 14, 2024 [ECF No. 401]. Upon careful review of the Motion, related filings, and the

    arguments raised during the hearing, Defendant’s Motion is DENIED WITHOUT PREJUDICE.

    Defendant Trump seeks dismissal of Counts 1 through 32 of the Superseding Indictment

    on the ground that the statutory phrases “unauthorized possession,” “relating to the national

    defense,” and “entitled to receive” appearing in 18 U.S.C. § 793(e) are unconstitutionally vague

    as applied under the facts presented, in violation of due process and the rule of lenity. Although

    the Motion raises various arguments warranting serious consideration, the Court ultimately

    determines, following lengthy oral argument, that resolution of the overall question presented

    depends too greatly on contested instructional questions about still-fluctuating definitions of


    Case 9:23-cr-80101-AMC Document 402 Entered on FLSD Docket 03/14/2024 Page 2 of 2

    CASE NO. 23-80101-CR-CANNON

    statutory terms/phrases as charged, along with at least some disputed factual issues as raised in the

    Motion. For that reason, rather than prematurely decide now whether application of 18 U.S.C.

    § 793(e) in these circumstances yields unsalvageable vagueness despite the asserted judicial

    glosses, the Court elects to deny the Motion without prejudice, to be raised as appropriate in

    connection with jury-instruction briefing and/or other appropriate motions.

    Accordingly, it is hereby ORDERED AND ADJUDGED that Defendant Trump’s Motion

    to Dismiss Counts 1 through 32 Based on Unconstitutional Vagueness [ECF No. 325] is DENIED

    WITHOUT PREJUDICE.

    DONE AND ORDERED in Chambers at Fort Pierce, Florida, this 14th day of March

    2024.

    _________________________________
    AILEEN M. CANNON
    UNITED STATES DISTRICT JUDGE

    cc: counsel of record

    You might also like